Felix Frankfurter

“ Of the ten judges, eight found the evidence insufficient for a jury to guess at and two thought they should be allowed to guess-for determination of causation is inescapably guessing, informed guessing if you will, but guessing. ”

“ It cannot be too often repeated. This Court has said again and again that a difference of opinion in weighing evidence is not included among 'special and important reasons' for granting certiorari. One would suppose that an examination of the evidence by three courts and ten judges of Ohio would be proof that the facts in the case have been conscinentiously canvassed. A different case would be presented were this Court to find that the Ohio Supreme Court applied wrong legal standards to the particular facts before it or evinced hostility to the federal statute. ”